How to File Small Claims Court in Maine — Step-by-Step Process

Before You File: Three Things to Confirm

Before spending $70 and several weeks on a small claims case, verify these three things:

1. Your claim is $10,000 or less in principal damages (the limit under 14 M.R.S. § 7482, effective January 1, 2026). Court costs and post-judgment interest do not count toward the cap.
2. You are within the statute of limitations. Written and oral contracts: 6 years. Sale of goods under the UCC: 4 years. Witnessed notes and sealed instruments: 20 years.
3. Your claim is for money only. Maine's small claims court handles money damages — not injunctions, evictions, or property title disputes.

Step 1: Send a Demand Letter

A formal demand letter by certified mail puts the other side on notice and creates a paper trail the judge will want to see. Some claims have mandatory pre-suit notice requirements:

• Security deposits: 7-day written demand required under 14 M.R.S. § 6034
• Unfair trade practices (UTPA): 30-day written demand required under 5 M.R.S. § 213(1-A)
• Dishonored checks: a 10-day statutory notice under 14 M.R.S. § 6073 is required to seek the statutory penalty

Even when not legally required, sending a demand often resolves the dispute without a court filing. Include the facts, the amount owed, and a clear payment deadline.

Step 2: Identify the Correct Defendant

If you are suing a business, identify the person or entity responsible and use its correct legal name; a trade name or DBA does not create a separate legal entity. Search the Maine Secretary of State's Bureau of Corporations, Elections and Commissions database for the exact business name, status (active, suspended, dissolved), and registered agent address.

Getting the correct name before you file saves months of wasted effort.

Step 3: Complete Form SC-001

Form SC-001 (Statement of Claim) is available for free on courts.maine.gov. Fill in:

• Your name and address as the plaintiff
• The defendant's legal name and address
• The dollar amount you are claiming
• A plain, concise statement of facts (dates, amounts, what happened)
• The Title 32 consumer debt affirmation checkbox

Attach copies of key evidence — contracts, invoices, receipts, the demand letter, photos. Keep originals for the hearing.

Step 4: Choose the Court and Filing Route

Use the District Court division where the cause of action arose, where the defendant lives, or where the defendant does business (14 M.R.S. § 7483). If you ask the clerk to arrange service, file SC-001 and Form SC-006 with the $70 filing fee and $15 service fee per party. If you arrange service yourself, serve the defendant first, then file the original SC-001, proof of service, and the $70 fee within 20 days after service is completed. If you cannot afford the fee, submit Form CV-067 (fee waiver application) with a financial affidavit.

In courts that have transitioned to eFileMaine, self-represented filers may also file electronically — but paper filing remains available in all locations.

Step 5: Serve the Defendant

Choose one of the four authorized methods:

• Certified restricted mail — you handle the mailing yourself
• Sheriff or process server — hand delivery to the defendant
• First-class mail with Form SC-005 — the defendant must sign and return the acknowledgment
• Clerk-arranged certified mail via Form SC-006 — available if you file fewer than three claims per month ($15 per party)

Step 6: File Proof of Service Within 20 Days

This is the deadline that catches most first-time filers who arrange service themselves. After service is completed, file the original SC-001, proof of service, and the filing fee with the clerk within 20 days. The clock starts on the date the defendant was served, not the date you mailed the documents. For clerk-arranged service, the clerk files proof after mailing.

If you miss the 20-day window, your case cannot proceed.

Step 7: Attend CADRES Mediation and the Hearing

On your hearing date, the court typically directs both parties to CADRES mediation first. A trained mediator helps negotiate a settlement at no additional cost. If mediation resolves the dispute, the agreement becomes a binding court order.

If mediation fails, you go directly to the hearing. Bring three organized copies of your evidence — one for the judge, one for the defendant, one for you. The judge runs an informal proceeding, hears both sides, and usually issues a decision the same day.

What Comes After

If you win, the defendant has 30 days to pay. If they do not, enforcement options include disclosure hearings (Form SC-003) and writs of execution. If you lose, you have 30 days from the judgment's docket entry to appeal using Form SC-007.

The Maine Small Claims Filing Guide covers every step above in detail, including line-by-line Form SC-001 instructions, a service method decision tree, and a printable deadline tracker.

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